DAYA SHANKAR v. STATE OF UTTAR PRADESH AND 2 OTHERS
WRIC/7126/2025 · 2025-04-02
Manish Kumar Nigam
body2025
DailyLaw.ai
[ 2025 DAILYLAW 28592 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 28592 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:48730 Court No. - 35 Case :- WRIT - C No. - 7126 of 2025 Petitioner :- Daya Shankar Respondent :- State Of Uttar Pradesh And 2 Others Counsel for Petitioner :- Asad Ahmad,R.B. Singh Counsel for Respondent :- C.S.C.,Rameshwar Prasad Shukla Hon'ble Manish Kumar Nigam,J.
1. Heard learned counsel for the parties and perused the record. 2. This writ petition has been filed seeking following relief :-
"Issue a writ, order or direction in the nature of mandamus commanding and directing the Sub Divisional Magistrate Tehsil Phoolpur District Azamgarh /respondent no. 2 to proceed further proceeding for fixing the stone in pursuance of the order dated 23.01.2025 over gata no. situated at village Bagbahar Tehsil Phoolpur District no. 3 to this writ petition fixed by this Hon'ble Court. Pargana 558 Mahul Azamgarh (Annexure ) within time Issue a writ, order or direction in the nature COMMISSIOmandamus respondent no.2 commanding to and directing the consider and decide the representation dated 24.02.2024 for further proceeding for fixing the stone in pursuance of the order dated 23.01.2025 over gata no. situated at village Bagbahar Pargana 558 Mahul Tehsil Phoolpur District Azamgarh (Annexure no. 5 to this writ petition fixed by this Hon'ble Court,."
3. Contention of learned counsel for the petitioner is that in pursuance of report submitted by Revenue Inspector dated 16.1.2025, an order has been passed under Section 24 of the U.P. Revenue Code, 2006 on 23.1.2025 by respondent No.2 for demarcation of land but the land has not been demarcated. In this regard, petitioner moved an application for installation of boundary marks, however, the same is pending consideration. Learned counsel prayed that the same may be complied with expeditiously. 4. Learned Standing Counsel has submitted that no useful purpose would be served in keeping this writ petition pending and a direction be issued to respondent No.2 to get the land demarcated and boundary pillars installed within a time frame as may be fixed by this Court. 5.
In view of the above, this writ petition stands disposed of with liberty to the petitioner to move an appropriate application within two weeks from today and respondent No.2 is directed to look into the grievance of petitioner and get the boundary pillars installed after demarcation in compliance of its earlier order dated 23.1.2025 within a period of twelve weeks after production of a certified copy of this order provided there is no other legal impediment. Order Date :- 3.4.2025/Rishabh [Manish Kumar Nigam, J.] Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad